LEGAL MEASURES FOR ADDRESSING ENCROACHMENT ON CONSERVATION AREAS: A CASE STUDY OF PENAL PROVISIONS UNDER THE NATIONAL PARK ACT B.E. 2562

Abstract

The objectives of this research were to evaluate the importance of the problems, concepts, objectives, principles, and theories associated with the treatment of encroachment on national park areas, including the National Park Act B.E. 2562 (2019) and other pertinent laws. This is qualitative research that uses legal document analysis and policy comparison. The goal was to determine the most suitable legal measures for the improvement and resolution of the encroachment issue in the context of Thailand. The findings reveal that legal measures for addressing encroachment continue to encounter significant issues, including, 1) The punishment framework is limited, emphasizing high rates of imprisonment and lacking flexibility, 2) The absence of a clear definition for “commercial exploitation”, leading to problems in interpretation and practical enforcement of the law , 3) It fails to clearly differentiate between offenses and 4) The penalties do not distinguish between subsistence activities and commercial exploitation, despite the differences in severity and impact on natural resources. Additionally, the Act's penalties offenses do not include restoration mechanisms that are directly associated with the rehabilitation of natural resources. It was recommended that the National Park Act B.E. 2562 (2019) be amended to provide a clear definition of the term "commercial exploitation" to improve the effectiveness of preventing the unlawful use of natural resources for business purposes and to enhance legal clarity. Furthermore, the severity of the offenses should be reflected in the imposition of proportionate and appropriate criminal penalties. Additionally, to guarantee that natural resources are concretely restored and rehabilitated, punishment mechanisms should include restorative measures that concentrate on the rehabilitation of natural resources that have been damaged by unlawful acts.